The Crisis Management of Smaller Banks: Perspectives of Reform

IF 1.3 Q1 LAW

European Company and Financial Law Review Pub Date : 2023-12-07 DOI:10.1515/ecfr-2023-0029

Irene Mecatti

引用次数: 0

Abstract

660The current common framework for bank crisis management and national deposit guarantee schemes (CMDI) is tailored for banks which are considered too big (or too complex) to fail. Smaller banks are de facto excluded from the application of resolution, even though they are obliged to contribute to its functioning. In practice, not even the size element has been decisive and the crises of significant as well as less significant institutions have been managed at the national level instead of within the framework and conditions foreseen by the BRRD. The consequent and persistent fragmentation in the European financial market requires that the dichotomy between resolution and liquidation be overcome and that the scope of resolution also include smaller banks. The paper analyses the main reforms needed to achieve this goal, including the European Commission’s recent proposal to revise the CMDI.

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小型银行的危机管理：改革视角

660 目前的银行危机管理和国家存款担保计划（CMDI）共同框架是为那些被认为太大（或太复杂）而不能倒闭的银行量身定做的。较小的银行事实上被排除在解决方案的适用范围之外，尽管它们有义务为解决方案的运作做出贡献。在实践中，甚至连规模因素都不是决定性的，重要机构和不太重要机构的危机都是在国家层面而不是在《银行业重组与发展条例》所预见的框架和条件下进行管理的。因此，欧洲金融市场的持续分散化要求打破决议与清算之间的二分法，并将较小银行也纳入决议范围。本文分析了实现这一目标所需的主要改革，包括欧盟委员会最近提出的修订 CMDI 的建议。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

European Company and Financial Law Review LAW-

CiteScore

1.00

自引率

16.70%

发文量

期刊介绍： In legislation and in case law, European law has become a steadily more dominant factor in determining national European company laws. The “European Company”, the forthcoming “European Private Company” as well as the Regulation on the Application of International Financial Reporting Standards (“IFRS Regulation”) have accelerated this development even more. The discussion, however, is still mired in individual nations. This is true for the academic field and – even still – for many practitioners. The journal intends to overcome this handicap by sparking a debate across Europe on drafting and application of European company law. It integrates the European company law component previously published as part of the Zeitschrift für Unternehmens- und Gesellschaftsrecht (ZGR), on of the leading German law reviews specialized in the field of company and capital market law. It aims at universities, law makers on both the European and national levels, courts, lawyers, banks and other financial service institutions, in house counsels, accountants and notaries who draft or work with European company law. The journal focuses on all areas of European company law and the financing of companies and business entities. This includes the law of capital markets as well as the law of accounting and auditing and company law related issues of insolvency law. Finally it serves as a platform for the discussion of theoretical questions such as the economic analysis of company law. It consists of articles and case notes on both decisions of the European courts as well as of national courts insofar as they have implications on European company law.